Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning And Land Use topic
No spam. Unsubscribe anytime.
Brighton adopts ordinance allowing taller accessory structures, clarifies attic use
Summary
Council adopted Ordinance 6-10 amending Chapter 98 to permit increased accessory-structure height (up to 26 feet), allow occupied attic/second‑story floor area in accessory buildings, and set specific rear-yard setbacks; final adoption included an amendment to replace “half story” with “second story.”
The Brighton City Council adopted Ordinance 6-10 on Aug. 12, approving amendments to Chapter 98 of the city code that expand how homeowners may use attic and accessory-structure space.
The ordinance raises the maximum height for accessory structures from 15 feet to 26 feet and explicitly allows attic space to be developed as occupied floor area — defined at adoption as a second story — while prohibiting attic space from being used as a separate accessory dwelling unit. The ordinance also reduces the rear-yard setback to 10 feet in R-1 and R-5 zoning districts for parcels with a depth of 32 feet or less.
Community development manager Mike Caruso summarized the changes and said the amendments "allow attic space to be developed to include occupied floor area as a second story" (language corrected at adoption). Caruso told council the planning commission held a public hearing in April and recommended approval; council had conducted a first reading on July 8 and increased the proposed height from 22 feet to 26 feet before final action.
A public hearing on the ordinance was held during the meeting. One member of the public asked whether space might be used for "granny pods" or in-law suites; Caruso and staff said those uses (accessory dwelling units meeting kitchen/bath/bedroom definitions) remain prohibited under the adopted language.
Council Member Gardner moved to adopt Ordinance 6-10 as amended to replace the phrase "half story" with "second story;" the motion was supported by Council Member Schmank. Clerk Brown called the roll; the ordinance passed on a 5-0 roll call with Council Members Gardner, Pettengill, Schmincke, Albert and Mayor Pro Tem Tembone voting yes. Two members (Mayor Toby and Council Member Gibson) were excused earlier in the meeting.
Ending: The ordinance takes effect according to the city's standard code-adoption timeline and will be applied in future building-enclosure and zoning reviews; staff advised homeowners to consult planning staff before starting construction.
